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110 articles are classified in All Articles > Awards > Case law


FWO could win higher penalties after court ruling

An employer could face a ninefold increase in fines ordered by the Federal Circuit Court after the FWO successfully appealed the judgment on the basis that it wrongly grouped contraventions as a single course of action.

Bench still seeking "real world" comparator in equal pay case

The future of a joint union equal pay claim for childcare workers is hanging in the balance after an FWC full bench was yesterday left searching for "real world" scenarios establishing metalworkers as a suitable comparator.

Union claims $70 million windfall for apprentices after court win

The ETU has declared a major payday for more than 4000 Queensland apprentices it claims are owed $70 million in underpayments after a full Federal Court today held that an old State award that continued to dictate their pay was superseded three years ago.

Bench applies virtual reality to award's boundaries

The concept of the "farm gate" is virtual rather than physical in the horticultural sector, an FWC full bench has found in a coverage decision it backdated by eight years to ensure employers are not exposed to backpay claims.

Full court penalty rates review begins tomorrow

The union movement's crucial bid to overturn the cuts to penalty rates in the retail and hospitality sectors kicks off tomorrow before a rare five-judge full Federal Court.

Class action ends after failure to win funding

A Federal Court class action against Chubb Insurance Australia Limited for alleged failing to pay minimum rates, overtime and penalties has been discontinued after the lawyers for the employees failed to secure litigation funding.

Couple working from home employees, not entrepreneurs: Court

A court has found a husband and wife who performed largely home-based clerical work exclusively for one business before their services were further outsourced were employees rather than contractors because the company had an "undoubted authority to control" the relationship.

Woolworths cleaner claims he's owed $300,000

A cleaner who invoiced as both a sole trader and a company but claims he was an employee is pursuing Woolworths and three contracting businesses for more than $300,000 in underpaid wages and unpaid overtime, annual leave and superannuation he says he should have been paid between 2004 and 2015.

Hiatus strips dismissed employee of award protection: Bench

While stopping short of categorising a long-time Esso employee who worked overseas as an on-hire worker, an FWC full bench has found that his failure to secure a "substantive" role with the company on return to Australia meant he could not rely on an industry award to protect him from unfair dismissal.